Amendment ASA1-AB953

CORRECTED COPY

LRBs0349/1

EH/EW/FK/TD/MG:all

2017 - 2018 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 953

February 21, 2018 - Offered by Representatives Schraa and Goyke.

AB953-ASA1,2,9 An Act to repeal 301.20; to renumber 938.48 (16); to renumber and amend 938.357 (3) and 938.357 (4) (a); to amend 16.99 (3b), 20.866 (1) (u), 20.866 (2) (ux), 20.866 (2) (v), 46.011 (1p), 46.057 (1), 46.20 (3), 46.22 (1) (a), 48.023 (4), 48.526 (2) (c), 48.526 (6) (b), 48.526 (7) (bm), 48.66 (1) (b), 49.11 (1c), 49.45 (25) (bj), 51.35 (3) (a), 51.35 (3) (c) and (e), 301.01 (1n), 301.03 (9), 301.03 (10) (d), 301.08 (1) (b) 3., 301.16 (1x), 301.37 (1), 938.02 (4), 938.02 (15g), 938.22 (1) (a), 938.22 (2) (a), 938.225, 938.34 (2) (a), 938.34 (2) (b), 938.34 (3) (f) 1., 938.34 (4m) (intro.), 938.34 (4n) (intro.), 938.357 (1) (am) 1., 938.357 (4) (am), 938.357 (4) (b) 1., 938.357 (4) (b) 2., 938.357 (4) (b) 4., 938.357 (4) (c) 1., 938.357 (4m), 938.48 (3), 938.48 (4), 938.48 (4m) (b), 938.48 (5), 938.48 (6), 938.48 (14), 938.49 (title), 938.49 (1), 938.49 (2) (intro.), 938.49 (2) (a), 938.505 (1), 938.52 (2) (a) and (c), 938.53, 938.535, 938.539 (2), 938.539 (3), 938.539 (4), 938.539 (5), 938.54, 938.59 (1) and 938.595; to repeal and recreate 938.357 (4) (title); and to create 13.48 (27m), 13.94 (1) (v), 13.94 (1s) (c) 9., 20.410 (3) (f), 20.437 (1) (ck), 20.866 (2) (uzc), 20.867 (3) (cv), 46.20 (1m), 48.527, 59.53 (8m), 121.79 (1) (e), 301.16 (1f), 301.16 (1w), 301.18 (1) (fm), 301.37 (1m), 301.373, 302.01 (13), 938.22 (2) (d), 938.357 (3) (b), (c) and (d), 938.357 (4) (ab), 938.357 (4) (d) and 938.48 (16) (b) of the statutes; relating to: juvenile correctional facilities, secured residential care centers for children and youth, juvenile detention facilities, youth aids, granting bonding authority, providing an exemption from emergency rule procedures, granting rule-making authority, and making an appropriation.

Analysis by the Legislative Reference Bureau

This substitute amendment requires the state to close the Lincoln Hills School and Copper Lake School by January 1, 2021, and authorizes the Department of Corrections to convert those facilities into an adult correctional facility, requires DOC to establish new Type 1 juvenile correctional facilities, requires the Department of Health Services to expand the Mendota Juvenile Treatment Center (MJTC), and authorizes counties to establish secured residential care centers for children and youth. Once the secured residential care centers for children and youth are established, the substitute amendment transfers the supervision of a juvenile under a correctional placement to the county department of human services or social services (county department) of the county in which the juvenile was adjudicated delinquent. The substitute amendment creates a council to study juvenile corrections issues and a grant program under which counties may apply for state funding towards the cost of establishing or constructing secured residential care centers for children and youth. The substitute amendment also expands the authorized uses of youth aids for program costs in juvenile detention facilities and secured residential care centers for children and youth and increases amounts paid to certain counties.

New facilities for juveniles.

Under current law, DOC oversees all juvenile correctional services for juveniles who are under original adult court jurisdiction or who have been adjudged delinquent under the Juvenile Justice Code, placed under the supervision of DOC, and placed in a juvenile correctional facility, in the Serious Juvenile Offender Program (SJOP), or under community supervision. Under the substitute amendment, DOC maintains supervision over juveniles in SJOP, under community supervision, and under original adult court jurisdiction, but supervision over juveniles who are under any other correctional placement under the Juvenile Justice Code is transferred to county departments.

This substitute amendment authorizes a county or American Indian tribe or band to establish, or contract with a child welfare agency to establish, a secured residential care center for children and youth. A county may establish a secured residential care center for children and youth on its own or jointly with one or more counties or may contract with another county to place juveniles in that county's secured residential care center for children and youth. In addition, as in current law, the substitute amendment allows a child welfare agency to be licensed to operate a secured residential care center for children and youth. By January 1, 2021, the substitute amendment requires DOC to construct or establish one or more Type 1 juvenile correctional facilities and requires DHS to expand MJTC to accommodate no fewer than 29 additional juveniles. The substitute amendment amends the 2017-19 Authorized State Building Program to add these projects. The DOC project is financed with $25,000,000 in general fund supported borrowing, and the DHS project is financed with $15,000,000 in general fund supported borrowing.

The substitute amendment creates in DOC a Juvenile Corrections Study Committee, which is required to research and develop recommendations on all of the following:

1. Optimal locations for the new Type 1 juvenile correctional facilities based on space and security needs, cost, proximity to the populations of juveniles the facilities would serve, and best practices for holding juveniles in secure custody. The substitute amendment requires the committee to favor the use of existing facilities and to conduct an inventory of existing state-owned facilities that have the capacity to be used as Type 1 juvenile correctional facilities. The substitute amendment requires the committee to submit its recommendations to DOC no later than November 1, 2018, and requires DOC to consider these recommendations in establishing the new facilities.

2. Rules governing the services and programming provided to juveniles in secured residential care centers for children and youth. The substitute amendment requires the committee to submit its findings and recommendations to DOC no later than September 1, 2018, and requires DOC to promulgate rules establishing standards for services in secured residential care centers for children and youth based on those recommendations. The substitute amendment requires DOC to promulgate emergency rules establishing these standards no later than December 31, 2018.

The committee is required under the substitute amendment to consult with one or more organizations that focus on developing best practices for holding juveniles in secure custody to aid the committee's research and development of recommendations. Under the substitute amendment, the committee terminates on January 1, 2021.

The substitute amendment requires the transfer from Lincoln Hills School and Copper Lake School of all juveniles who are under a correctional placement to the appropriate secured residential care center for children and youth and the transfer of all other juveniles to the new Type 1 juvenile correctional facilities. The substitute amendment then requires the closure of Lincoln Hills School and Copper Lake School once all juveniles have been transferred, but no later than January 1, 2021, and authorizes DOC to then convert those facilities into an adult correctional institution named the Lincoln County Correctional Institution.

Under the substitute amendment, once a juvenile is placed in a secured residential care center for children and youth under a correctional placement, or once a juvenile who was under a correctional placement at Lincoln Hills School or Copper Lake School is transferred to a secured residential care center for children and youth, the juvenile is under the supervision of the county department of the county in which the juvenile was adjudicated delinquent. Under the substitute amendment, DOC maintains supervision over juveniles in secured residential care centers for children and youth that are in SJOP or under original adult court jurisdiction.

The substitute amendment maintains DOC's authority under current law to license, supervise, and inspect secured residential care centers for children and youth. Under the substitute amendment, a county, American Indian tribe or band, or child welfare agency that proposes to construct or operate a secured residential care center for children and youth is required to submit its plans to DOC for approval.

Change of placement.

Under the substitute amendment, generally, a juvenile who is given a correctional placement under a county department's supervision may only be placed in a secured residential care center for children and youth. However, if a secured residential care center for children and youth cannot meet the treatment needs of the juvenile, the county department may place the juvenile in a different secured residential care center for children and youth that offers more appropriate treatment without a hearing. Similarly, if a juvenile is placed under DOC's supervision in a secured residential care center for children and youth and the facility cannot meet the treatment needs of the juvenile, DOC may place the juvenile in a different secured residential care center for children and youth without a hearing. If DOC places a juvenile at a secured residential care center for children and youth or if a county department places a juvenile at a secured residential care center for children and youth other than its own, the substitute amendment requires that the entity operating the receiving secured residential care center for children and youth agree to the placement and requires that care and services for that juvenile be provided under a contract.

Also under the substitute amendment, a juvenile in a secured residential care center for children and youth under the supervision of either DOC or a county department may be placed in a Type 1 juvenile correctional facility after a hearing if the court assigned to exercise jurisdiction under the Juvenile Justice Code (juvenile court) finds that the secured residential care center cannot meet the treatment needs of the juvenile and the Type 1 juvenile correctional facility can or that the county's secured residential care center for children and youth does not have space for the juvenile, and no other placement in a secured residential care center for children and youth can be found.

Under current law, MJTC is a Type 1 juvenile correctional facility that is operated by the Department of Health Services. Under current law, DOC can transfer juveniles to MJTC from other Type 1 juvenile correctional facilities, with the approval of DHS. Under the substitute amendment, a juvenile who has been placed under the supervision of a county department in a secured residential care center for children and youth can be placed at MJTC by the juvenile court upon the recommendation of DHS in a change of placement hearing.

Juvenile corrections grant program.

The substitute amendment creates in DOC the Juvenile Corrections Grant Committee, which is required to establish and administer a juvenile corrections grant program. Under the grant program, a county may apply for one of the following grants:

1. A grant to pay 95 percent of the costs of designing and constructing a secured residential care center for children and youth.

2. A grant to pay 95 percent of the costs of designing and constructing a facility that houses both a secured residential care center for children and youth and a juvenile detention facility.

3. A grant to pay 100 percent of the costs of designing and constructing a secured residential care center for children and youth only for female juveniles or any portion that is only for female juveniles.

The substitute amendment provides that a grant also reimburses a successful applicant for any design costs incurred in preparing a grant application at the same percent as the grant covers other costs. The substitute amendment finances the grant program with $40,000,000 in general fund supported borrowing.

The substitute amendment allows multiple counties to jointly submit a grant application for construction of a secured residential care center for children and youth that will hold juveniles from all of the cooperating counties. The substitute amendment requires the committee to establish requirements, guidelines, and criteria for the grant program but requires that, in developing a grant application, the applicant must consider best practices in designing and operating facilities that hold juveniles in secure custody and the feasibility of developing an existing facility, and must solicit input on the design of the facility from judges at the juvenile court for each county participating in the grant application. The substitute amendment also requires the committee to favor proposals that utilize existing facilities and to encourage multicounty coordination by favoring applications submitted jointly by multiple counties.

Under the substitute amendment, grant applications are due March 31, 2019, but the committee is authorized to work with applicants between that date and June 30, 2019, to modify applications in order to increase the likelihood of being awarded a grant. The substitute amendment requires the committee, in consultation with DOC and DCF, to develop a statewide plan that recommends which of the grant applications to approve based on an overall view towards a Wisconsin model of juvenile justice. The committee is prohibited from recommending approval of an application unless DOC approves the plans and specifications for the site and the design and construction of the facility.

The substitute amendment requires the Juvenile Corrections Grant Committee to submit its plan to the Joint Committee on Finance no later than July 1, 2019, to request approval to proceed with the plan under a passive review process. If approved, the substitute amendment requires DOC to implement the plan by awarding the grants under the plan, and requires the Juvenile Corrections Grant Committee to monitor the progress of the projects funded by the grants to ensure compliance with the grant program and completion in time to transfer juveniles from Lincoln Hills School and Copper Lake School to the new Type 1 juvenile correctional facilities and secured residential care centers for children and youth by January 1, 2021. Under the substitute amendment, the Juvenile Corrections Grant Committee terminates on the earlier of the date on which all projects funded with the grants are completed or January 1, 2021.

Juvenile detention facilities.

Under current law, a juvenile who is adjudicated delinquent may be placed in a juvenile detention facility for any combination of single or consecutive days totaling not more than 365 days if the county board of supervisors has adopted a resolution authorizing such a length of placement. Under this substitute amendment, with some exceptions, a juvenile may not be placed in a juvenile detention facility for more than 30 consecutive days.

The substitute amendment defines an “eligible juvenile detention facility” as a juvenile detention facility at which placements of juveniles for longer than 30 days is authorized as of January 1, 2018. With respect to an eligible juvenile detention facility that is awarded a grant under the substitute amendment, the limitation on placement in a juvenile detention facility to no more than 30 days does not apply until January 1, 2021. On that date, the portion of the facility that holds juveniles who are placed for more than 30 days becomes a secured residential care center for children and youth, at which juveniles may be placed under a correctional placement. However, it remains a juvenile detention facility with respect to juveniles placed in the juvenile detention facility prior to January 1, 2021.

Under the substitute amendment, an eligible juvenile detention facility that is not awarded a grant is authorized to continue to accept juveniles for placement for any combination of single or consecutive days totaling not more than 365 days if, after January 1, 2021, the number of juveniles that are housed at the juvenile detention facility does not exceed the number that are housed there on January 1, 2021, and if the facility is not altered or added to or repaired in excess of 50 percent of its assessed value. If the juvenile detention facility violates these conditions, it is no longer authorized to accept juveniles for placement for more than 30 consecutive days.

Department of Corrections employees.

The substitute amendment authorizes some preferential treatment for employees of Lincoln Hills School or Copper Lake School in applying for open positions at the new Type 1 juvenile correctional facilities and secured residential care centers for children and youth. Under the substitute amendment, a classified employee who, on the date DOC begins accepting applications for a position at a Type 1 juvenile correctional facility is employed at the Lincoln Hills School or Copper Lake School may apply to DOC to transfer to a position at the Type 1 juvenile correctional facility and DOC is authorized to transfer such an employee to certain positions at a new Type 1 juvenile correctional facility without competitive procedures. Similarly, an applicant for a position at a secured residential care center for children and youth operated by a county who is employed at Lincoln Hills School or Copper Lake School on the date that the county begins accepting applications for the position may be selected by the county without regard to the requirements of any county civil service system that would otherwise apply. Finally, if, prior to January 1, 2021, a county enters into a contract with a child welfare agency under which the child welfare agency agrees to operate a new secured residential care center for children and youth, the county shall include in the contract a requirement that the child welfare agency grant an initial interview to any applicant for a position at the new secured residential care center for children and youth who is an employee of Lincoln Hills School or Copper Lake School on the date that the child welfare agency begins accepting applications for that position.

Youth aids funding.

Current law requires Department of Children and Families to allocate to counties various state and federal moneys to pay for juvenile correctional services and community-based juvenile delinquency-related services (commonly referred to as “youth aids”). Under current law, youth aids funding may not be used to pay for land purchase, building construction, or maintenance of county buildings, for reimbursement of costs relating to holding juveniles in secure custody, city lockups, or temporary shelter care. Under current law, youth aids may be used to reimburse costs of program services in juvenile detention facilities, except for the costs of basic care and supervision. The substitute amendment removes this exception, so that youth aids may be used to reimburse costs of basic care and supervision in juvenile detention facilities, and adds that youth aids may be used to reimburse costs of program services in secured residential care centers for children and youth. This substitute amendment also requires DCF to provide a bonus payment of 15 percent of a county's youth aids payment in the preceding year, up to $750,000, if the county operates a joint secured residential care center for children and youth that was funded by the juvenile corrections grant program under the substitute amendment.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB953-ASA1,1 Section 1 . 13.48 (27m) of the statutes is created to read:

AB953-ASA1,8,6 13.48 (27m) Secured residential care centers for children and youth. (a) The legislature finds and determines that the legislative intent set forth under s. 938.01 (2) is served by the design and construction of secured residential care centers for children and youth and attached juvenile detention facilities and that the design and construction of such facilities is a statewide concern of statewide dimension. It is therefore in the public interest, and it is the public policy of this state, to assist counties in designing and constructing secured residential care centers for children and youth and attached juvenile detention facilities, including expanding or remodeling existing facilities into secured residential care centers for children and youth and remodeling attached juvenile detention facilities.

AB953-ASA1,8,13 (b) The building commission may authorize up to a total of $40,000,000 in general fund supported borrowing to assist counties in establishing or constructing secured residential care centers for children and youth, including expanding or remodeling existing facilities into secured residential care centers for children and youth and remodeling attached juvenile detention facilities. Any such state funding commitment shall be in the form of a grant to a county issued under 2017 Wisconsin Act .... (this act), section 110 (4).

AB953-ASA1,8,18 (c) If the building commission authorizes a grant to a county under par. (b), and if, for any reason, the facility that is established, constructed, or remodeled with funds from the grant is not used for the purposes identified in the grant under 2017 Wisconsin Act .... (this act), section 110 (4), the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

AB953-ASA1,2 Section 2 . 13.94 (1) (v) of the statutes is created to read:

AB953-ASA1,8,25 13.94 (1) (v) Conduct an audit, at the request of the department of corrections, of a county's net operating costs for a secured residential care center for children and youth that holds only female juveniles for the purpose of determining the amount, if any, of a net operating loss to be reimbursed by the department of corrections to a county under s. 301.373. The bureau shall report the result of the audit to the department of corrections as soon as practicable.

AB953-ASA1,3 Section 3. 13.94 (1s) (c) 9. of the statutes is created to read:

AB953-ASA1,9,3 13.94 (1s) (c) 9. The department of corrections for the cost of an audit performed under sub. (1) (v).

AB953-ASA1,4 Section 4 . 16.99 (3b) of the statutes is amended to read:

AB953-ASA1,9,7 16.99 (3b) “Juvenile correctional facility" means the Copper Lake School and the Lincoln Hills School a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), but does not include the Mendota juvenile treatment center under s. 46.057.

AB953-ASA1,5 Section 5 . 20.410 (3) (f) of the statutes is created to read:

AB953-ASA1,9,11 20.410 (3) (f) Operating loss reimbursement program. A sum sufficient for reimbursement to counties under s. 301.373 for audits conducted by the legislative audit bureau under s. 13.94 (1) (v).

AB953-ASA1,6 Section 6 . 20.437 (1) (ck) of the statutes is created to read:

AB953-ASA1,9,15 20.437 (1) (ck) Community youth and family aids; bonus for county facilities. The amounts in the schedule for bonuses to qualifying counties with a secured residential care center for children and youth under s. 48.527.

AB953-ASA1,7 Section 7 . 20.866 (1) (u) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB953-ASA1,9,25 20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys appropriated under sub. (2) (zp) and ss. 20.115 (2) (d) and (7) (b) and (s), 20.190 (1) (c), (d), (i), and (j), 20.225 (1) (c) and (i), 20.245 (1) (e) and (j), 20.250 (1) (c) and (e), 20.255 (1) (d), 20.285 (1) (d), (je), and (gj), 20.320 (1) (c) and (t) and (2) (c), 20.370 (7) (aa), (ad), (ag), (aq), (ar), (at), (au), (bq), (br), (cb), (cc), (cd), (cg), (cq), (cr), (cs), (ct), (ea), (eq), and (er), 20.395 (6) (af), (aq), (ar), and (au), 20.410 (1) (e), (ec), and (ko) and (3) (e), 20.435 (2) (ee), 20.465 (1) (d), 20.485 (1) (f) and (go), (3) (t) and (4) (qm), 20.505 (4) (es), (et), (ha), and (hb) and (5) (c), (g), and (kc), 20.855 (8) (a), and 20.867 (1) (a) and (b) and (3) (a), (b), (bb), (bc), (bd), (be), (bf), (bg), (bh), (bj), (bL), (bm), (bn), (bq), (br), (bt), (bu), (bv), (bw), (bx), (cb), (cd), (cf), (ch), (cj), (cq), (cr), (cs), (cv), (g), (h), (i), (kd), and (q) for the payment of principal, interest, premium due, if any, and payment due, if any, under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a) relating to any public debt contracted under subchs. I and IV of ch. 18.

AB953-ASA1,8 Section 8 . 20.866 (2) (ux) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB953-ASA1,10,12 20.866 (2) (ux) Corrections; correctional facilities. From the capital improvement fund, a sum sufficient for the department of corrections to acquire, construct, develop, enlarge, or improve adult and juvenile correctional facilities. The state may contract public debt in an amount not to exceed $926,679,900 $951,679,900 for this purpose.

AB953-ASA1,9 Section 9 . 20.866 (2) (uzc) of the statutes is created to read:

AB953-ASA1,10,19 20.866 (2) (uzc) Secured residential care centers for children and youth. From the capital improvement fund, a sum sufficient for the provision of grants to counties for designing and constructing secured residential care centers for children and youth and attached juvenile detention facilities as specified in s. 13.48 (27m). The state may contract public debt in an amount not to exceed $40,000,000 for this purpose.

AB953-ASA1,10 Section 10. 20.866 (2) (v) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB953-ASA1,11,2 20.866 (2) (v) Health services; mental health and secure treatment facilities. From the capital improvement fund, a sum sufficient for the department of health services to acquire, construct, develop, enlarge, or extend mental health and secure treatment facilities. The state may contract public debt in an amount not to exceed $208,646,200 $223,646,200 for this purpose.